Breaking news: Brazil has ratified a law that defines and punishes parental alienation as a form of child abuse

On the 26th of August 2010 the Brazilian Parliament has ratified with immediate effect a law against parental alienation. The law defines parental alienation as a form of child abuse. It provides Brazilian judges and courts with seven measures to deal with parental alienation. Amongst those are fines, contrary custody and/or care and residence decisions and care supervision orders.

Below you will find the text of this new Brazilian law in an English translation and below that the Brazilian original text.

Peter Tromp
Father Knowledge Centre Europe

Brazilian Law 12 318 – Ratified law that defines and punishes parental alienation

Check below in full 12.318/10 law that provides for parental alienation.
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LAW No. 12 318, DE 26 AUGUST 2010 Provides for parental alienation and amending Art. 236 of Law No. 8069 of 13

Ratified law that defines and punishes parental alienation in Brazil
26 August 2010

Article 2 The parental alienation is considered an act of interference with the psychological training of the child or adolescent, promoted or induced by their parents or grandparents if the child or adolescent is under their authority, custody or supervision, and to result in less contemptuous behavior that impadiscano creating or maintaining links with the other parent. Examples of forms of parental alienation, as substantiated to the court or discovered by an expert, or charged directly with the testimony of third acts are aimed at:

I – open a campaign to ban the behavior of the parent exercising parenting;

II – impede the exercise of parental authority;

III – prevent contact of the child or adolescent with a parent;

IV – opposing the right to family life regulated;

V – deliberately omit relevant personal information to parents on the child or adolescent, including educational, medical and related changes of address;

VI – make false allegations against parents, against his family or against the grandparents in order to prevent or hinder their care to the child or adolescent;

VII – Change the address of residence without justification in order to prevent the attendance of the child or adolescent with the other parent, with his family or grandparents.

Article 3 The provision of an act of parental alienation hurts the fundamental right of the child or adolescent to enjoy a healthy family life, impedes the relationship of affection in relationships with parents and his family group, and is a form of abuse against moral the child or adolescent does not comply with the duties related to parental authority or guardianship or custody.

Article 4 In the face of evidence or documents indicated that parental alienation, the application of this Act at any time of the procedure, or incidentally in independent action, the court will determine, with urgency, after hearing the prosecutor, the transitional measures for the maintenance of ‘psychological integrity of the child or adolescent, including to ensure their familiarity with the parent or make a genuine rapprochement between the two, if any. The court will provide the child or adolescent and the parent a minimum guarantee of visits, except in cases where there is imminent risk of physical or psychological harm to the child or adolescent, certified by a professional designated by the judge in charge of monitoring visits .

Article 5 If there is evidence that they have been charged with acts of parental alienation incidental damages, the court, if necessary, to determine the bio-psychological consequences of child:

1 The expert report is based on extensive psychological assessment biopsychosocial or, where appropriate, including a personal interview with the parties, examination of documents in the case, the story of the couple’s relationship, the chronology of events The assessment of the personalities involved and the investigation as a child or teen may have developed symptoms of alienation against their parents.

2 examinations will be performed by professionals or experts in the multidisciplinary team, necessary in any case, as evidenced by appropriate academic or professional history to diagnose the acts of parental alienation.

3 The expert or a multidisciplinary team appointed to assess the presence of parental alienation will submit a report within 90 days, renewable only with judicial authorization based on a detailed explanation.

Article 6 In response to acts typical of parental alienation or against any behavior that hinders the coexistence of the child or adolescent with a parent’s parent, the court may, together or separately, to raise the subject of their civil or criminal liability arising, and have adequate tools to inhibit or mitigate the effects of alienation. He will, according to the severity of the case:

I – indicate the presence of parental alienation and to notify the parent;

II – expanding the system of family life for the alienated parent;

III – impose a fine on the alienating parent;

IV – require advice biopsychosocial;

V – lead to a change of custody from joint custody or its reversal;

VI – to elect a temporary residence of a child or adolescent;

VII – to declare the suspension of parental authority.

In the case of arbitrary change of address, or impracticability or obstruction to the family, the court may also reverse the requirement to remove the child from parents’ residence, during the alternating periods of family life.

Article 7 In case of assignment or change of custody will be given preference to the parent that allows efficient co-existence of the child or adolescent with the other parent, if the case can not be alternating.

Article 8 The change of domicile of the child or adolescent is irrelevant to the determination of responsibilities relating to claims based on right to family life, unless this is not the result of consensus between the parents or a court decision.

It is a positive step by the Brazilian government in enacting legislation outlawing parental alienation. However, parental alienation is wider than simply the alienation of a child by one parent against the other parent. Parental alienation is also conducted by the State, where the State alienates a child against both parents. This was the case in our family where our daughter has been severely alienated against both her parents and her siblings by the New Zealand government.

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